Regulatory Services
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We strive to make your job easier. Regulatory expertise is just the start.

Keeping track of the everchanging world of stormwater regulations can be a daunting task. That's why CONTECH created our Regulatory Services team. Their goal is to keep on top of existing and evolving regulations, so you won't have to. They make your job easier, by working to gain approvals from local agencies for our products. Contact your local Stormwater Consultant to find out which products are approved in your area.

 

Find out more: 
Regulatory Summary
Federal Regulations
State Regulations

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CONTECH recommends StormwaterAuthority.org for straightforward and comprehensive information about regulations on the national and state levels. StormwaterAuthority offers practical insight from the best sources in the industry -- all delivered in an easy-to-use format. We are proud to be a supporter of this innovative industry news and information site, and confidently recommend it to our customers.

Regulatory Summary

Stormwater regulations are an out growth of the 1972 Clean Water Act and 1987 Water Quality Act, which established new standards and schedules for industrial and municipal stormwater. Known as the National Pollutant Discharge Elimination System (NPDES), this national permitting program controls pollutants discharged into surface water such as lakes, ponds, streams and even the ocean.  Beginning in the early 1990s, Phase I of NPDES required that cities with populations of more than 100,000, as well as large industrial and construction sites, begin treating stormwater runoff from sites.  In December 1999, Phase II of NPDES was announced and required that more than 5,000 municipalities and all new developments one acre or larger implement stormwater treatment best management practices (BMPs) to the maximum extent practicable.

Beyond the national regulations, state, county and municipal regulations are constantly evolving.  It is because of this flux that every business faces complex stormwater challenges. Some states require businesses and developers to treat stormwater only to that “maximum extent practicable” standard set forth by the EPA’s Phase II regulations. Other states and municipalities have taken stormwater treatment even further and have implemented specific requirements.  Proof of performance for stormwater treatment systems also varies widely across the U.S. Some states require third party testing to approve a manufactured BMP and others require only the manuafacturer's lab testing.

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Federal Regulations

According to the EPA, “states report that nonpoint source pollution is the leading remaining cause of water quality problems. The effects of nonpoint source pollutants on specific waters vary and may not always be fully assessed. However, we know that these pollutants have harmful effects on drinking water supplies, recreation, fisheries, and wildlife.

To address these impacts, the EPA developed a federal program under the Clean Water Act to regulate stormwater discharge from industrial facilities, construction sites and municipal sewer systems.  This program is the foundation for state and municipal stormwater management programs and guides the permitting process and water quality standards within each state.

The EPA has also established the Total Maximum Daily Load (TMDL) Program to manage water pollution to water bodies that are not meeting federal water quality standards.

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State Stormwater Regulations

Stormwater runoff significantly impacts the water quality by depositing sediment and pollutants into waterways.  While the EPA has created programs under the Clean Water Act, implementation of these programs is managed by state environmental agencies. The exceptions are Massachusetts , New Mexico , Alaska , Idaho and New Hampshire where EPA retains authority.

Municipal Separate Storm Sewer Systems (MS4) must develop, implement, and enforce a stormwater management program (SWMP) to reduce the discharge of pollutants from MS4s to the “maximum extent practicable."

Maximum Extent Practicable (MEP) is a technology-based standard established by Congress in the Clean Water Act. Since no precise definition of MEP exists, it allows for maximum flexibility on the part of MS4 operators as they develop their programs.

The majority of states have established permitting requirements for construction sites disturbing more than one acre, industrial sites, and MS4s. All MS4s should currently be permitted or be in the permit process.  Each permitted MS4 is responsible for establishing a Stormwater Management Program either under the Phase I program, or under the Phase II of the NPDES stormwater regulations.

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